Koa Investment Ltd. v. ITO (2024) 296 Taxman 311 (Delhi)(HC)

S. 147 : Reassessment-After the expiry of four years-Unexplained money-Loans and advances-Investment in Optionally Fully Convertible Debentures (OFCDs)-No failure to disclose material facts-Reassessment notice and order disposing the objection is quashed. [S. 69A, 148, Art. 226]

Assessing Officer issued reopening notice on ground that assessee had made investment  in certain company, however, said amount did not reflect under head loans and advances in balance sheet. He, thus, believed that said amount had escaped assessment. On writ allowing the petition the Court held that the  assessee had made investment in Optionally Fully Convertible Debentures (OFCDs) and same was shown under heading non-current investments. In reply to notices assessee had provided a complete break-up of investment made. Accordingly the notice and order disposing the objection is quashed and set aside. (AY. 2012-13)